Sec. 10d.
(1) Except in cases in which the person is alleged to have committed an assaultive crime or an offense involving domestic violence, a person who is wanted on a bench warrant or a warrant of arrest who voluntarily presents himself or herself to the court that issued the warrant within 1 year of the warrant issuance must be processed by the court according to this section.
(2) If a judicial officer is available to arraign the person on the warrant within 2 hours of the person's appearance, the court must arraign the person and set his or her case for the next stage of criminal proceedings. It must be presumed that the person is not a flight risk when the court sets bond or other conditions of release at an arraignment under this subsection.
(3) If a judicial officer is not available to arraign the person on the warrant within 2 hours of the person's appearance, the court shall recall the warrant and schedule the case for future arraignment.
(4) A court may deny a person the benefit of the procedure provided for in this section if the person has already benefitted from the procedure on any pending criminal charges.
(5) As used in this section:
(a) "Assaultive crime" includes any of the following:
(i) A violation described in section 9a of chapter X.
(ii) A violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, not otherwise included in subparagraph (i).
(iii) A violation of section 110a, 136b, 234a, 234b, 234c, 349b, or 411h of the Michigan penal code, 1931 PA 328, MCL 750.110a, 750.136b, 750.234a, 750.234b, 750.234c, 750.349b, and 750.411h, or any other violent felony.
(iv) A violation of a law of another state or of a political subdivision of this state or of another state that substantially corresponds to a violation described in subparagraph (i), (ii), or (iii).
(b) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(c) "Violent felony" means that term as defined in section 36 of the corrections code of 1953, 1953 PA 232, MCL 791.236.
History: Add. 2020, Act 394, Eff. Apr. 1, 2021
Structure Michigan Compiled Laws
Chapters 760 - 777 - Code of Criminal Procedure
Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)
175-1927-II - Chapter II Courts (762.1...762.16)
Section 762.1 - Jurisdiction; Existing Courts and Persons.
Section 762.1a - Justices and Judges as Conservators of the Peace.
Section 762.2 - In-State Prosecution for Criminal Offense; Circumstances.
Section 762.3 - Jurisdiction; Offenses Near County Lines.
Section 762.4 - Jurisdiction; Court of Record; Offense Near Boundary Line.
Section 762.5 - Jurisdiction; Fatal Force and Death in Different Counties.
Section 762.6 - Jurisdiction; Fatal Force Inflicted on High Seas or Navigable Rivers.
Section 762.7 - Jurisdiction; Change of Venue, Procedure; Saving Clause.
Section 762.8 - Jurisdiction; Felony Consisting of 2 or More Acts.
Section 762.9 - Jurisdiction; Felony on Moving Vessel or Vehicle.
Section 762.10 - Jurisdiction; Embezzlement.
Section 762.10a - Violation of MCL 750.219a and 750.540g; Jurisdiction.
Section 762.10b - Violation of MCL 752.791 to 752.797; Jurisdiction.
Section 762.10c - Identity Theft; Prosecution; Jurisdiction.
Section 762.12 - Termination or Revocation as Youthful Trainee; Effect.
Section 762.15 - Applicability to Individuals Over Fourteen.